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PC Minutes-2004-08-24u 32400 PASEO ADELANTO (949) 493- 1 171 (949) 493-1 053 FAX SAN JUAN CAPISTRANO, CA 92675 \V\VLt’ srrilJuaizcap1 rtmi7o 0i-g OF THE PLANNING COMMISSION TUESDAY, AUGUST 24,2004 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L BATHGATE WYAlT HART JOE SOT0 DAVID M SWERDLIN CALL TO ORDER The meeting of the Planning Commission was called to order by Vice Chairman Cardoza at 7:OO p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL: Commissioners Present: Robert Cardoza, Vice Chairman Sheldon Cohen Joe Drey Gene Ratcliffe Commissioners Absent: Tim Neely, Chairman Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney; William Cunningham, Contract Staff; Amy Volzke, Principal Planner; Larry Lawrence, Consulting Project Manager; Sam Shoucair, Senior Engineer; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR Commissioner Cardoza noted a typographical error in the Motion on page 10 and asked that the wording “June 27” be changed to “July 27.” I. Minutes Julv 13, 2004: Commissioner Cohen moved approval, seconded by Commissioner Drey, of the Minutes of July 13,2004, and the motion passed by a vote of 4-0. San Juan Capistrano: Preserving the Past to Efihance the Future PC Meeting 2 August 24,2004 PUBLIC HEARINGS L 1. CONDITIONAL USE PERMIT (CUP) 04-05, ZONE VARIANCE (ZV) 04-07, SPRINT TELECOMMUNICATIONS FACILITY; A REQUEST FOR APPROVAL TO FACILITY TO BE LOCATED AT AN EXISTING RESERVOIR SITE EAST OF 3900 CONSTRUCT A GROUND-MOUNTED ANTENNA AND TELECOMMUNICATIONS CALLE ANDALUCIA (APN 675-321 -03) Written Communications Staff report dated August 24,2004 Applicants Delta Groups Engineering, Inc., 2362 McGaw Avenue, Irvine, CA 926143-3832, Attn: Kenny Zwick, 949-622-0333 Sprint PCS Assets LLC, 6580 Sprint Parkway, Overland Park, KS 66251, 913-794-5320 Property Owner City of San Clemente, 380 Avenida Pico, Bldg. N, San Clemente, CA 92672, Attn: Dave Rebensdorf, 949-361-61 30 Staff presentation & recommendation Mr. Lawrence presented the staff report as a request for approval to construct a ground- mounted antenna and telecommunications facility to be located at an existing reservoir site east of 3900 Calle Andalucia. L Staff found that the present parcel is very small; therefore it is not feasible to meet the required side yard setback. Staff believes that the proposed facility will not have an adverse affect on nearby residential and other properties since the view of the “antenna tree” will be partially obscured. Staff recommends approval of the Zone Variance and Conditional Use Permit subject to the conditions attached to the staff report. Public Hearing Kenny Zwick, 2362 McGaw, Irvine, representing the Applicant, said that this is a customer-driven build-out. The facility was moved from the north side of the gate to the west side of the gate because of an underlying water line. The elevation and views should remain the same and the palm-tree design will allow for future co-location of antennas with other providers. Commissioner Cohen asked what other sites are located in the south county area, what attempts have been made to co-locate with other providers in this area, and if 37 feet is required for the antenna. Mr. Zwick said this site is to serve the community that PC Meeting 3 August 24,2004 immediately surrounds the water tank and that the top of the antenna is 33 feet, which is needed to provide needed coverage. Commissioner Drey asked if the additional palms would be a similar height. Mr. Zwick said the size of the 3 fan palms could be dictated by the Planning Commission. Vice Chairman Cardoza asked for clarification of the type of tree. Mr. Zwick said the palm tree would look like a fan palm. Kevin Winter, 3900 Calle Andalucia, San Clemente, spoke in opposition to the project due to the radio frequencies and degradation of property values and asked if the tower would generate heat, smoke, or noise. He suggested a stand of trees higher than 20 feet. Jim Gregerson, 3911 Calle Andalucia, San Clemente, said he has signatures from 8 homeowners in opposition to the project due to blocked views. Michael Burton, 27282 Paseo Peregrino, San Juan Capistrano, spoke in opposition to the project due to blocked view and lowered property values. Mr. Zwick said that as more users utilize the system the capacity would be taxed and that the facility generates no noise, vibrations, odors, fumes, particulates or smoke. Mr. Zwick said that the amount of non-ionizing radiation is 3,000 below the ANSI standard for non-occupational exposure. He also stated that any scaling down of height would make it harder for a potential co-existing carrier to install its equipment. Kevin Winter, 3900 Calle Andalucia, San Clemente, asked if the Applicant has looked at sharing an existing tower versus putting in a new tower. Mr. Lawrence said he is unaware of any other companies looking for installation of antennas in the area at this time, requiring co-location. Commissioner Questions and Comments Commissioner Cohen asked Mr. Sandoval for clarification of existing latitude for City regulation. Mr. Sandoval said that the FCC has adopted specific regulations that have pre-empted local jurisdiction over the use of antennas based on radio frequency. The FCC rules pre-empt local interference with radio, televisions, and other electronic equipment. Mr. Sandoval said that a 37-foot structure is not covered by the %-foot building height limit. Commissioner Drey said that the facility and surrounding foliage are above the homes in the area. Commissioner Ratcliffe said she supports the facility including the stand of palm trees. PC Meeting 4 August 24,2004 Commissioner Cohen said he would need more information justifying that this project has to be placed at this location. v Vice Chairman Cardoza supports the facility because for the need for additional telecommunications coverage. Motion Commissioner Drey moved , seconded by Commissioner Ratcliffe, to adopt Resolution No. 04-08-24-1 conditionally approving a Zone Variance and Conditional Use Permit for a Sprint telecommunication facility east of Calle Andalucia, with a condition that the palm trees grouped in a natural stand be an average of 20 feet in height and adding Condition 1 .I 1 that the final design would be approved by the Planning Director. AYES: Commissioners Cardoza, Drey, and Ratcliffe. NOES: Commissioner Cohen ABSENT: Chairman Neely ABSTAIN: None This motion passed by a vote of 3-1. NEW BUSINESS L 1. TREE REMOVAL PERMIT (TRP) 04-07; A REQUEST TO REMOVE A TOTAL OF 102 TREES, INCLUDING TWENTY-ONE TREES OF 24-INCH CALIPER OR LARGER, WITHIN THE MASTER PLANNED RESIDENTIAL AREA KNOWN AS PACIFICA SAN JUAN (VESTING TENTATIVE TRACT MAP 15609) LOCATED AT THE TERMINUS OF VALLE ROAD EAST OF INTERSTATE 5; APN # 666-301-01,675-361- - 01 Applicant SunCal Companies, c/o Ron Freeman, 2392 Morse Ave., Irvine, CA 92614 Owners SJD Partners Ltd., 2392 Morse Ave., Irvine, CA 92614 Landscape ArchitecVArborist: Gregory W. Applegate, ASCA, ASLA, 1131 Lucinda Way, Tustin, CA 92780 Written Communications Staff report dated August 24,2004 Vice Chairman Cardoza recused himself from the SunCal item and Commissioner Cohen continued as Acting Chairman. L, PC Meeting 5 August 24,2004 Staff presentation & recommendation Ms. Volzke presented the staff report as a request to remove a total of 102 eucalyptus trees from the northerly portion of the Pacifica San Juan site. Ms. Volzke said that the Applicant and project engineering geologist have indicated that the tree removal is necessary to facilitate grading construction of a fill buttress which will stabilize the slope and adjoining residential lots. The arborist’s report recommends removal of all of the 102 trees. - Staff recommends approval of the request to remove 102 eucalyptus trees. Commission Questions and Comments Commissioner Cohen asked if the City had made any independent evaluation other than what the arborist has contended and under what conditions the City would retain an arborist for a second opinion. Ms. Volzke said that a site inspection and review of documents by City engineering staff confirmed the validity of the arborist’s report. Ms. Bogh said that the Applicant provided photographic evidence and a thorough arborist‘s report, which also included tree preservation recommendations; therefore staff did not see a need for additional documentation. Commissioner Ratcliffe said she concurs with staff recommendation. Commissioner Drey said that the arborist’s report did not state the type(s) of replacement trees. Ms. Volzke said that staff has included a condition of approval which requires submittal of a slope re-vegetation plan that would identify the proposed replacement tree species, and approval of the subject plan by the Design Review Committee (DRC). b Motion Commissioner Ratcliffe moved, seconded by Commissioner Drey to adopt Resolution 04-08-24-2 approving the Applicant’s request as conditioned by staff AYES: Commissioners Cohen, Drey and Ratcliffe NOES: None ABSENT: Chairman Neely ABSTAIN: Vice Chairman Cardoza This motion passed unanimously by a vote of 3-0, with Vice Chairman Cardoza recused. PC Meeting 6 August 24,2004 CO M M I SSlONlSTAFF COMMENTS - Vice Chairman Cardoza inquired about the CEQA Guidelines information which was placed on the dais for distribution to the Planning Commissioners. Ms. Bogh replied that the information was provided to the Commissioners in advance of the typical packet distribution in order to allow additional time for review of this item, which is scheduled to be considered by the Commission on September 14,2004. Commissioner Cohen mentioned that a vinyl banner sign that advertises Village Dental Care within the Rancho Ortega Plaza appears to be inconsistent with the approved sign program for the subject retail center. Ms. Bogh said she would forward that information to Code Compliance for research. Commissioner Ratcliffe said that the rough grading along the southerly boundary of Rancho Madrina adjacent to the detention basin looks “unnatural” and inquired if the final grades at the southwesterly boundary of the site will be similar or substantially different than the rough grades. Ms. Bogh said that she would ask Bill Ramsey, the project manager for Rancho Madrina, to call Ms. Ratcliffe and address her question. Vice Chairman Cardoza asked for an update on the J. Serra project. Bogh said that a City Council hearing for this item has been scheduled for August 31, 2004, and that copies of the staff report should be available by August 25, 2004. Vice Chairman Cardoza complimented staff on the preparation of the JSerra staff reports, and asked when the Planning Commission/DRC joint workshop on procedures would be held. Ms. Bogh said that it is currently scheduled for the September 28th Planning Commission meeting. L’ ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:15 p.m. The next regular meeting is scheduled for Tuesday, September 14, at 7:OO p.m. in the Council Chambers. Respectfully submitted, Planning Director /sm